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Questions Answered by Paul D'Amore

2 Answers | Asked in Medical Malpractice for Maryland on

Q: Is there a statute of limitations for filing a medical malpractice claim on behalf of a minor?

Paul D'Amore answered on Jun 10, 2017

Minors generally have until they reach the age of 18 before they are held responsible for knowledge of a claim. Therefore, the SOL usually runs three years after that. However, there are many variables that can impact these generalities. Your best bet is to contact an experienced medical negligence... Read more »

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3 Answers | Asked in Car Accidents for Maryland on

Q: If my seventeen year old son ran a stoplight and hit a pedestrian, can they sue me as his parent for medical expenses,

even if he took the car on a joyride without my permission?

Paul D'Amore answered on Jun 7, 2017

I am sorry to hear this happened. The short answer is yes, you can be sued. Whether your car insurance company covers the claim will come down to the policy language and how it's applied to the facts regarding your son's obtaining the keys to the car, his past history, if any, of unlawful or... Read more »

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3 Answers | Asked in Medical Malpractice for Maryland on

Q: I had a different medical outcome than my doctor said I would. Is this malpractice?

Paul D'Amore answered on May 26, 2017

An unintended medical outcome is potential medical malpractice case. However, no one, not even a lawyer, can answer this question for you without a careful review of the facts and medical records relevant to your claim. For more information on whether you have a case, please visit:... Read more »

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3 Answers | Asked in Car Accidents for Maryland on

Q: HI, Does the statute of limitations regarding auto accidents apply to the state in which the accident occurred?

Or is it the state of residence of the at fault driver? Thanks

Paul D'Amore answered on May 23, 2017

In almost all cases, the statute of limitations that applies is that of the state where the accident occurred.

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2 Answers | Asked in Car Accidents for Maryland on

Q: A driver side-swiped me and I'm trying to get him to pay my medical bills but he's claiming it wasn't his fault because

his tires are defective. If the court decides this is true, do I have to then sue the tire manufacturer?

Paul D'Amore answered on May 16, 2017

Short answer- No, you do not have to sue the tire company. Long answer is a bit more complicated. Your first action should be to consult an attorney. The attorney's first action should be to try to obtain adequate compensation from the other driver for you. Then you are done. This could be easy,... Read more »

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2 Answers | Asked in Medical Malpractice for Maryland on

Q: Do plaintiff or the defendants pay the plaintiff lawyer's fee?

Whether there is a settlement before or after trial, can the plaintiff keep the whole settlement and have the defendants pay what would have been the plaintiff lawyer's percentage from it?

Paul D'Amore answered on Apr 26, 2017

In Maryland medical malpractice cases where no settlement is reached, each side is responsible for its own legal fees. However, term "settlement" has a very specific meaning that is relevant to your question. A settlement is when the sides agree on an amount that will be paid, along with the terms... Read more »

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2 Answers | Asked in Personal Injury for Maryland on

Q: Can a lawyer sue for more than what was on the demand letter(that didn't settled)?

Paul D'Amore answered on Apr 6, 2017

Yes. Informal settlement negotiations are not binding. Therefore, you are not limited to your last demand once the case goes into suit.

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4 Answers | Asked in Personal Injury for Maryland on

Q: If my brother was hurt in an accident can I sue on his behalf?

Paul D'Amore answered on Mar 31, 2017

You could only sue on your brother's behalf if you have been appointed as his legal guardian. If he is incapacitated from the injuries he sustained, you can be appointed his guardian. However, this requires a legal process that would be best handled by an experienced attorney.

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2 Answers | Asked in Medical Malpractice for Maryland on

Q: If a nurse gives you the wrong dose can you sue for malpractice?

Paul D'Amore answered on Mar 31, 2017

The short answer is, yes. However, you would need to show that you suffered some sort of harm from the wrong dose of the medication. Most people who receive the wrong amount of medication suffer little or no harm. The body either clears the extra medication with little consequence, or the next dose... Read more »

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1 Answer | Asked in Car Accidents for Maryland on

Q: I got burns when my coffee spilled on me after another drive side-swiped my car. The car accident itself didn't cause

any injuries but the coffee spillage did. Can I still sue that driver to get my medical bills paid?

Paul D'Amore answered on Mar 31, 2017

Your question is relevant to the legal doctrine of "proximate cause". Simplified, the doctrine states that a negligent (at fault) party is responsible for all damages that are sufficiently related to the act or omission at issue. In your case, you would have to prove: (1) the other driver was... Read more »

3 Answers | Asked in Car Accidents for Maryland on

Q: What types of things can I receive compensation for in a car accident lawsuit?

Paul D'Amore answered on Mar 18, 2017

First, you would be able to recover your monetary losses. These include: (1) the value of the property damage to your car; (2) your medical bills (past and future); (3) your lost wages from work (past and future); (4) the value of your lost contribution to your household; and (5) any other out of... Read more »

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2 Answers | Asked in Personal Injury for Maryland on

Q: When do the opponent's insurance send report explaining if they disagree with my expert?

Paul D'Amore answered on Mar 4, 2017

The answer depends first on whether or not your case was filed in court. If it was, there should be a scheduling order that provides a deadline for expert disclosures. If you have not filed in court, and have only notified the opposing insurance company of a claim, you need to be aware of the... Read more »

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2 Answers | Asked in Personal Injury for Maryland on

Q: What's the statue of limitation for filing lawsuit?

The statue of limitation on discovery passed sometime after filing complaint, the insurance company don't want to settle. Can I still go and file lawsuit?

Paul D'Amore answered on Mar 4, 2017

You question is a bit unclear. Limitations dates relate to deadlines to file the case in court. If you filed a "Claim" with an insurance company, that usually does not protect you from missing the deadline to file the case in court. As long as you are still within the deadline that applies to your... Read more »

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2 Answers | Asked in Insurance Defense and Personal Injury for Maryland on

Q: Can I get copies of interactions between my attorney and the insurance company, from attorney?

Like settlement offers, what information about me that the attorney gave to them etc.

Paul D'Amore answered on Mar 3, 2017

Absolutely. You have a right to all communications between your lawyer and anyone else relevant to your case. While a telephone call should suffice, I suggest you send a letter or an email to your attorney making the request.

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2 Answers | Asked in Legal Malpractice and Medical Malpractice for Maryland on

Q: How does lawyer suppose to return my retainer?

Using a bank check, if mailing it?

Paul D'Amore answered on Feb 25, 2017

Unused retainer amounts are usually returned in the form of a check and can be hand delivered or mailed. The check should be accompanied by a detailed breakdown of how funds were applied to your case and an explanation for the amount being returned to you.

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2 Answers | Asked in Personal Injury for Maryland on

Q: If I was injured by a hardware store clerk do I have claim against the clerk or the store or both?

Paul D'Amore answered on Feb 24, 2017

Your question concerns the legal doctrine of "vicarious liability", i.e. when is someone legally responsible for the actions of another person? The answer depends on the circumstances of your injury.

If you were injured due to the employee's negligence while he/she was performing the...
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2 Answers | Asked in Car Accidents for Maryland on

Q: I got in a car accident because I couldn't see a stop sign due to an overgrowth of foliage. I heard cities have immunity

against lawsuits. Can I still sue them for failing to ensure traffic signs are visible?

Paul D'Amore answered on Feb 21, 2017

In the days of old you were not allowed to sue the King for wrongdoing. He was chosen by God and could do no wrong. This was called "sovereign immunity". Today, the "King" is the Federal, State and Municipal governments elected by the citizens (not God). These entities can waive their immunity... Read more »

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1 Answer | Asked in Civil Litigation for Maryland on

Q: Why only my lawyer gets mail from the courts and defendants but not me?

Paul D'Amore answered on Feb 16, 2017

The Court considers the lawyers representing each party to be their agents for the litigation. Notice to the agent (the lawyers) is legally considered notice to the principals (you and the defendants). If you would like copies of everything generated by the Court, simply direct your attorney to do... Read more »

4 Answers | Asked in Car Accidents for Maryland on

Q: How do the police (or a court) determine who's at fault in an accident if both drivers insist it wasn't them and want

compensation for their injuries from the other person?

Paul D'Amore answered on Feb 10, 2017

"Fault" for an accident is often "informally" determined by insurance companies based on witness statements and police reports. Often, the parties to an accident will simply adopt this informal determination and move on with their lives. In the event one or both parties disagree with this... Read more »

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1 Answer | Asked in Personal Injury and Medical Malpractice for Maryland on

Q: Do the judge have to dismiss my lawyer in my case and how will the defendants be notify?

I'm the plaintiff and fired my lawyer, my case is in court but no court dates ever been set.

Paul D'Amore answered on Feb 7, 2017

As the client, you have a right to terminate your lawyer. He or she will usually notify the Court and the Defendants. However, you should check the scheduling order in your case. If there are deadlines coming up, you will need to secure new counsel in time to meet them. If you do not, and you fail... Read more »

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